J. W. Jones Companies v. City of San Diego

The City of San Diego, members of the city council and the city auditor and city treasurer, appeal a judgment granting J. W. Jones Companies’ and Housing Partners Limited’s request for a peremptory writ of mandate requiring San Diego to set aside a resolution imposing a facilities benefit assessment (FBA) on undeveloped property in North University City, and enjoining San Diego from adopting any FBA resolutions imposing like assessments on any other property in the city.

J. W. Jones Companies and Housing Partners, Limited are developers and landowners of North University City property which was assessed under the resolution. In April 1982, Jones asked the court for a peremptory writ of mandate requiring San Diego to set aside the FBA resolution and, alternatively, asked the court for declaratory and injunctive relief. Jones alleged the FBA was a special tax violating California Constitution article XIII A, section 4 (Prop. 13); was an invalid special assessment because not based on special benefits to the properties assessed; and violated Jones’ constitutional right to equal protection by excluding developed properties (which Jones alleged were benefited by the…